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Articles 6091 - 6120 of 8419
Full-Text Articles in Law
Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus
Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus
Buffalo Law Review
No abstract provided.
New York's Changing Conceptions Of Land Use Law: Penn Central Transportation Co. V. City Of New York, David W. Shapiro
New York's Changing Conceptions Of Land Use Law: Penn Central Transportation Co. V. City Of New York, David W. Shapiro
Buffalo Law Review
No abstract provided.
The Residential Tenant's Security Deposit - A Protected Interest Worth Litigating., Claude M. Mcquarrie Iii
The Residential Tenant's Security Deposit - A Protected Interest Worth Litigating., Claude M. Mcquarrie Iii
St. Mary's Law Journal
Abstract Forthcoming.
Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett
Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett
Washington Law Review
No abstract provided.
Affirmative Remedies For The Tenant., Robin Vaughn Dwyer
Affirmative Remedies For The Tenant., Robin Vaughn Dwyer
St. Mary's Law Journal
Abstract Forthcoming.
Running Covenants: An Analytical Primer, William B. Stoebuck
Running Covenants: An Analytical Primer, William B. Stoebuck
Washington Law Review
Save for the subject of perpetuities (and arguably even including it), there is no subject encountered by law students in their basic property courses that so baffles them as does running covenants. But there seems to be no concise writing that lays out the subject of running covenants in a nutshell. It is not that nothing has been written on the subject, for much has been published this century on it and continues to be. The problem is that the writings deal with smaller or greater portions of the overall field. There are articles on real covenants, on equitable restrictions, …
Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney
Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney
West Virginia Law Review
No abstract provided.
The Installment Land Contract-A National Viewpoint, Grant S. Nelson, Dale A. Whitrnan
The Installment Land Contract-A National Viewpoint, Grant S. Nelson, Dale A. Whitrnan
BYU Law Review
No abstract provided.
Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman
Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman
Florida State University Law Review
No abstract provided.
Zoning And Population Control -- Courts Are Reacting To New Problems In Old Ways, Joe G. Dykes, Jr.
Zoning And Population Control -- Courts Are Reacting To New Problems In Old Ways, Joe G. Dykes, Jr.
Florida State University Law Review
No abstract provided.
Eminent Domain: A Legislative Proposal For The Reimbursement Of Condemnees' Attorney's Fees, Byron L. Myers
Eminent Domain: A Legislative Proposal For The Reimbursement Of Condemnees' Attorney's Fees, Byron L. Myers
Indiana Law Journal
No abstract provided.
Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham
Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham
Michigan Law Review
In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …
Survey Of Developments In West Virginia Law: 1976
Survey Of Developments In West Virginia Law: 1976
West Virginia Law Review
No abstract provided.
Prior To Accrual, Military Retirement Pension Earned During Coverture Is Community Property Subject To Division At Time Of Divorce., Mary Elizabeth Carmody
Prior To Accrual, Military Retirement Pension Earned During Coverture Is Community Property Subject To Division At Time Of Divorce., Mary Elizabeth Carmody
St. Mary's Law Journal
Abstract Forthcoming.
Apportionment Of Community Property Interests In Prospective Military Retirement Benefits Upon Divorce., Charles H. Rennick
Apportionment Of Community Property Interests In Prospective Military Retirement Benefits Upon Divorce., Charles H. Rennick
St. Mary's Law Journal
Abstract Forthcoming.
Review Of Real Estate Assessments - Cook County (Chicago) Vs. Remainder Of Illinois, 11 J. Marshall J. Prac. & Proc. 17 (1977), Alan S. Gantz, Dixie L. Laswell
Review Of Real Estate Assessments - Cook County (Chicago) Vs. Remainder Of Illinois, 11 J. Marshall J. Prac. & Proc. 17 (1977), Alan S. Gantz, Dixie L. Laswell
UIC Law Review
No abstract provided.
May The Beneficiary Of An Illinois Land Trust Proceed Under Chapter Xii Of The Bankruptcy Act, 10 J. Marshall J. Prac. & Proc. 567 (1977), Roman R. Okrei
May The Beneficiary Of An Illinois Land Trust Proceed Under Chapter Xii Of The Bankruptcy Act, 10 J. Marshall J. Prac. & Proc. 567 (1977), Roman R. Okrei
UIC Law Review
No abstract provided.
Equitable Conversion In Washington: The Doctrine That Dares Not Speak Its Name, George R. Nock, John A. Strait, John W. Weaver
Equitable Conversion In Washington: The Doctrine That Dares Not Speak Its Name, George R. Nock, John A. Strait, John W. Weaver
Seattle University Law Review
Since the 1925 decision of Ashford v. Reese, Washington has had the distinction of being the only American jurisdiction totally, albeit implicitly, to reject the doctrine of equitable conversion. Ashford was overruled in 1977, in a remarkable opinion which simultaneously, and explicitly, rejected the doctrine of equitable conversion, thus maintaining Washington's unique status with respect to that doctrine. But the opinion failed to provide a substitute for either the rule of Ashford or the contrary doctrine of equitable conversion, both of which it emphatically abjured. The result is an unbroken line of Washington cases consistent with only one rule of …
Of "Liberty" And "Property", Henry Paul Monaghan
Of "Liberty" And "Property", Henry Paul Monaghan
Faculty Scholarship
After a century of experience, we are now thoroughly accustomed to viewing the fourteenth amendment as imposing upon the experimentation otherwise permitted in our fifty separate "laboratories" limitations that do not materially differ from those fastened upon the national government by the bill of rights. The history of this evolution is far too well known to justify rehearsing here even in the barest outline. But it bears noting that few, if any, observers believe that the language of the amendment has played a significant role in this historical evolution. Here, as elsewhere, "[b]ehind the words ... are postulates which limit …
Financing Condominiums And Cooperatives, Dale A. Whitman
Financing Condominiums And Cooperatives, Dale A. Whitman
Faculty Publications
This article will deal with legal problems relating to the financing of condominiums and cooperatives. While space does not permit a detailed treatment of the non-financing aspects of these forms of ownership, a rudimentary overview of the legal relationships involved will preface discussion of the central topic. Both condominiums and cooperatives are legal formats for “unit ownership” – that is, the ownership of a physically defined portion of a larger parcel of (usually improved) real property. In the majority of cases, the “unit” is a residential apartment in a multifamily housing project. Condominiums are much more tightly controlled by stage …
The Installment Land Contract--A National Viewpoint, Dale A. Whitman, Grant S. Nelson
The Installment Land Contract--A National Viewpoint, Dale A. Whitman, Grant S. Nelson
Faculty Publications
The installment land contract is rarely used in some states, but in many it is the predominant means of vendor financing of land sales. Much has been written about it, but nearly all of the literature focuses on the law of one particular state or another. Our purpose here is to provide a nationwide perspective, with particular attention to the states in which the contract has been widely used and extensively litigated. We propose to examine the reasons for the installment contract's popularity, its advantages and disadvantages, and the risks it presents to both vendor and purchaser.
Landlord-Tenant: The Medieval Concepts Of Feudal Property Law Are Alive And Well In Leases Of Commercial Property In Illinois, 10 J. Marshall J. Of Prac. & Proc. 338 (1977), Kenneth J. Sophie Jr.
Landlord-Tenant: The Medieval Concepts Of Feudal Property Law Are Alive And Well In Leases Of Commercial Property In Illinois, 10 J. Marshall J. Of Prac. & Proc. 338 (1977), Kenneth J. Sophie Jr.
UIC Law Review
No abstract provided.
Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright
Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright
Law Faculty Scholarship
No abstract provided.
Assignment And Subletting Of Leased Premises: The Unreasonable Withholding Of Consent, Jacob L. Todres, Carl M. Lerner
Assignment And Subletting Of Leased Premises: The Unreasonable Withholding Of Consent, Jacob L. Todres, Carl M. Lerner
Fordham Urban Law Journal
The law generally does not favor restrictions on the alienability of property and holds that a tenant may assign or sublet a lease, unless the lease specifically provides otherwise. For instance, courts will enforce the parties' bargain, and uphold provisions in a lease that states that it is non-transferable or that it is transferable only upon the landlord's consent. However, if a lease states that the landlord will not unreasonably withhold consent to a transfer of the lease, when is a landlord's refusal to give consent unreasonable? This article examines the common law parameters of determining unreasonableness, and finds that …
Property, E. F. Roberts
Property, E. F. Roberts
Cornell Law Faculty Publications
A survey can either restate the obvious or attempt to add a critical dimension to the law’s uncertain progress. The obvious can be gleaned merely by scanning the orange-covered paperback indices which go with the official advance sheets and in which cases are condensed in the best headnote hunter’s style. This exercise presupposes a reader possessed of an interest in something more than the obvious, and one who enjoys a critique of a few key cases, precisely for the challenge of making an independent judgment of whether New York property law has progressed during the past Survey year.
The Polish Art Treasures In Canada, 1940-60, Sharon A. Williams
The Polish Art Treasures In Canada, 1940-60, Sharon A. Williams
Articles & Book Chapters
The case of the Polish art treasures in Canada presents two important issues: the question of immunity of a foreign state's public movable property and the question of state responsibility for such property.
Two Perspectives On The Real Estate Title System: How To Examine A Title In Virginia, William Mazel
Two Perspectives On The Real Estate Title System: How To Examine A Title In Virginia, William Mazel
University of Richmond Law Review
This article seeks to explain the mechanics of an examination of title to real property in Virginia. It addresses the procedural aspects of this process, and does not attempt to examine the substantive body of law which underlies the title examination procedure. Other published works are available for that purpose.
Can Distraint Stand Up As A Landlord’S Remedy?, Gerald Korngold
Can Distraint Stand Up As A Landlord’S Remedy?, Gerald Korngold
Articles & Chapters
Though a landlord's right of seizure is well established in the common law and provided for by the laws of many states, some federal courts have found distraint procedures to be incompatible with Fourteenth Amendment due process requirements. This article examines the constitutionality and validity of the present Pennsylvania distraint statute, surveys the cases dealing with the issue, and reviews some recent decisions concerning due process which are relevant to the determination of the statute's constitutionality. The Pennsylvania experience can serve as an example for practitioners in other jurisdictions since, most of them have had few, if any, cases concerning …
Two Perspectives On The Real Estate Title System: A Proposal For A Title Registration System For Realty, Martin Lobel
Two Perspectives On The Real Estate Title System: A Proposal For A Title Registration System For Realty, Martin Lobel
University of Richmond Law Review
As the ancient legal apparatus providing for the transfer of land creaks into the final quarter of the twentieth century, the need for a massive overhaul becomes increasingly clear. Designed and introduced at a time when it could work reasonably well, the land recordation system has now reached senility, its irrationality becoming more and more apparent with each passing year.
A Larson-Zuckman Checklist For Partnership Tax Classification Of Ulpa Real Estate Shelters, J. Durwood Felton Iii
A Larson-Zuckman Checklist For Partnership Tax Classification Of Ulpa Real Estate Shelters, J. Durwood Felton Iii
University of Richmond Law Review
Real estate developments necessarily require large amounts of capital, and are usually dependent on financing from sources other than the venture group assembled to construct and operate a proposed project. Theoretically, such ventures may be undertaken in many forms, corporate and otherwise, and the available financing vehicles may include debt instruments, equity shares and innumerable combinations thereof. In reality, however, business and legal considerations often dictate organization and operation of such ventures within more narrowly defined limits.